Losing Ground - Human Rights Party.

Losing Ground
Where:
Nature of Complaint:
Company:
Affected villages:
Complaint to:
Oyadao district, Rattanakkiri province
Alleged Land Grabbing
Progressive Farmers Association, owned Mrs. Keat Kolney
Seven villages (Borkham, Kate2, Kong Thom, Kong Yu, Lumchor, Paté and Pril) in Pate
Commune
Ministry of Agriculture, Forestry, and Fisheries
Technical Secretariat for Economic Land Concession
Ministry of Land Management, Construction, and Urbanization
Land and Forestry Resolution Authority *
* Copies to: Prime Minister Hun Sen, Council of Ministers Rattanakiri provincial governor, Provincial Department of Agriculture, Forestry and Fisheries, Provincial Department of
Environment
In 2004 residents of seven ethnic Jarai villages formally
complained that their land was taken illegally by a company
owned by Mrs. Keat Kolney, the wife of Mr. Chhan Sophann,
under secretary of state at the Ministry of Land Management
and Construction. They said they have lived in the area since
1979 and rely on the forest for their livelihood. They collect
non-timber products, hunt wildlife, and farm using shifting
farming techniques.
They are unable to verify whether the company submitted
a formal proposal to the government to use the land for a
rubber plantation and said the company has encroached on
their land since 2004 when it began clearing forest for the
plantation. The complaint says the company has no legal
authority to do this as, under the Land Law, the land is owned
collectively by the indigenous communities who have the
right to use the land and natural resources. The complaint
says the company continues to cut down trees and threaten
community residents.
It says the communities developed their own plans for
managing the land according to their traditions. These
include plans for village expansion, wildlife sanctuaries,
demarcating spirit forests, ensuring that their identity which
is intertwined with the forest is not lost, and for official
registration of the land.
They request the government review encroachment on
their land, halt all activities which breach their land rights,
recognize their land rights, ensure the environment is
protected and that they can harvest non-timber products.
They call for those who have breached the law to be punished
accordingly and request that they be authorized to protect,
manage and use mountains and lakes that are state property
according to their traditional practices.
The communities have developed their own plans
for managing the land ...these include plans for
village expansion, wildlife sanctuaries, demarcating
spirit forests, ensuring that their identity (which is
intertwined with the forest) is not lost, and for official
registration of the land.
Clearing community land in Pate commune continues despite appeals to the provincial
court for a halt to clearing while the land dispute is settled, residents say.
Forced Evictions and Intimidation in Cambodia
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